Legal Opinion

Henry L. Doherty & Co. v. Rice

U.S. Circuit Court for the District of Middle Alabama

Decided September 6, 1910No. 291PublishedCited by 17 opinions

Suit by Henry D. Doherty & Co. against Alex. Rice and others. This is a suit in equity for the specific performance of a contract for the sale of corpornte stock having no market rating.

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Suit by Henry D. Doherty & Co. against Alex. Rice and others. This is a suit in equity for the specific performance of a contract for the sale of corpornte stock having no market rating. In May, 1910, the defendant Rice, of the city of Montgomery, contracted with Henry R. Doherty & Co., of the city of New York, to sell and deliver to the latter 800 out of a total outstanding 1,000 shares of the capital stock of the Citizens’ Eight, I-Ieat & Power Company, which he in the contract represented were owned or controlled by him, with power of sale. The price agreed upon was on the basis of $75,000…

1Opinion of the CourtJones, District Judge

(after stating the facts as above). While the affidavits submitted on this hearing cover a wide range, and counsel have earnestly and ably urged'many legal principles on the issues thus raised, the refusal or granting of a preliminary injunction depends upon two controlling questions: First, whether Rice’s contract with complainants is such an one as a court of equity can and ought to enforce by decreeing specific performance; and, second, how far, if specific performance be allowed, can the court properly go for the relief of complainants, in view of the quasi public nature of the two…

2Cases cited13 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
  3. Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
  4. Jenkins v. HarrisonSupreme Court of Alabama · 1880
  5. Carpenter's EstateSupreme Court of Pennsylvania · 1895

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Boozer v. BlakeSupreme Court of Alabama · 1944
  2. Brown v. McLanahanCourt of Appeals for the Fourth Circuit · 1945
  3. Jarvis v. Boatmen's National Bank of St. LouisSupreme Court of Missouri · 1972
  4. Sullivan v. MosnerCourt of Appeals of Maryland · 1972
  5. First National Bank v. Corporation Securities Co.Supreme Court of Minnesota · 1915

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